Possession Order – tenant gone but not paid monies. What now?

by Readers Question

8:23 AM, 11th December 2014
About 4 years ago

Possession Order – tenant gone but not paid monies. What now?

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Possession Order – tenant gone but not paid monies. What now?

I secured a Possession Order in October, the tenant moved out in the final hour, but has not paid the monies owed and adjudged on the possession order standing at £2755.48. The background of this individual is very complex, he is a very wealthy man, but none of it is straight forward and, never having been in this situation before I am unsure how best to proceed and could use some advise please. His circumstances briefly are; Possession Order - tenant gone but not paid monies

1. Currently living in rented or with girlfriend. Address can be obtained but he has no real possessions to speak of and is rarely at home (always in pub – landlord happy for bailiffs to attend premises)
2. 4wd Vehicle worth approx 2-4k, possibly bought in his company name and either way he can argue a tool of trade as a civil engineer.
3. Recently inherited – 3 bed house (currently empty)
Isle of man registered company which owns 4/5 shops and 6+ flats (all fully let)
Company was approx £50,000 in credit on inheriting, individual is now sole director, estate is still believed to be in probate over company assets as other family members have certain rights (looong story!)
4. Owns 1 Bed flat, fully mortgaged and tenanted at £380 pcm – it is possible this tenants payments go direct to mortgage company.
5. Self employed in full time work
6. Bank account was £1500 in credit at time of hearing – other debts have taken over another bank account, but i believe this one is still untouched by court orders.

Any suggestions and process suggestions gratefully appreciated

Thank you

Kate



Comments

Mark Alexander

8:26 AM, 11th December 2014
About 4 years ago

Hi Kate

David Carter, CEO at The Sheriffs Office, which are UK High Court Enforcement Officers, has produced an excellent guide to enforcing judgements and which is free for Property118 members to download here >>> http://www.property118.com/free-guide-enforcing-judgements/70013/

You can contact David directly via his member profile, see >>> http://www.property118.com/member/?id=2542
.

David Asker

8:57 AM, 11th December 2014
About 4 years ago

Hi Kate,

Please feel free to drop me a line as above.

First thing I would add is it is unlikely that his vehicle will be recognised as a 'tool of the trade' by the Courts.

As the saying goes there is more than one way to skin a cat and I have a few ideas to assist.

The first is to obtain judgment and if it is still not paid then enforce it through us. This method has the least outlay.

The second is for us to draw up and serve a Stat Demand and if not paid then petition for bankruptcy.

Either way we can assist on both counts.

Neil Robb

17:46 PM, 14th December 2014
About 4 years ago

Hi Kate

I would stop trying to sort this out yourself and go straight to Dave above to sort this out.

Watching the programme the Sheriffs are coming it looks like you pay a small fee and they get there money / fees from the debtor and as he clearly has assets and more to come when inheritance is settled I don't think they will have to much trouble getting your money back.

On the bright side he will soon be a land lord with all that rent coming in. May be a tenant will do to him what he has done to you. Bet he wont think it is right for a tenant not to pay him,

Hopefully Karma will sort him out for the stress he has caused you.

David Asker

18:13 PM, 14th December 2014
About 4 years ago

Reply to the comment left by "Neil Robb" at "14/12/2014 - 17:46":

Hi Rob,

Firstly thanks for the recommendation.

I'm already advising Kate and her case isn't as straight forward as some matters unfortunately.

To be clear to others though, instructing us once you have judgment is just £60 and this is a court fee, not ours. Our fees are charged to the debtor over and above the debt.

If we're successful we collect the full debt, interest at 8%, the court fees, the £60 instruction fee and our fees. If we're not there is a £75 plus VAT compliance fee.

With the best will in the world not every debt is recoverable so it is always a commercial decision on whether to through good money after bad. But at a total liability of around £125 it's usually worth a crack.

As always, if anybody wants guidance on debt recovery and eviction please feel free to drop me a line.

Neil Robb

18:35 PM, 14th December 2014
About 4 years ago

Reply to the comment left by "David Carter" at "14/12/2014 - 18:13":

Hi David

I personally think that is a small fee to pay to as you would know all the moves and scams that people would do to avoid there liabilities. I pride myself in paying all my debts and doing the right thing.

It is good to see that someone can give back a bit of grieve to someone who has put you through the mill and refuses to pay there debts.

Unfortunately my properties are in Scotland and Northern Ireland so the rules are different.

I have read a few things you have written and can say if I could use your services. I would. The time saved and getting it done right the first time would be worth every penny..

David Asker

18:51 PM, 14th December 2014
About 4 years ago

Reply to the comment left by "Neil Robb" at "14/12/2014 - 18:35":

Hi Rob,

Thank you for your support.

We will always do everything we can to get paid as we only really earn money if we do. In truth the £75 compliance fee when we are unsuccessful doesn't cover half of what it costs us.

Unfortunately though we are not miracle workers. The amount of times we are instructed to enforce against someone on benefits at a high rise rented flat for good few thousand pounds is commonplace.

I certainly don't want to talk myself out of business but each case really needs to be looked at on its merits. In truth it's not all about valuable assets as many people pay just to clear the judgment issued against them or to avoid the embarrassment of their good being loaded into a van in front of neighbours.

But, as you rightly suggest the meager outlay is usually well worth it.


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